In the 10 years since 'Meritor,'hostile-environment harassment cases have focused on key concepts such as duty to investigate and severity of conduct
Article Abstract:
The expansion which the 1980s has seen in sexual harassment case law has fleshed out the parameters of that wrong. The case law suggests that an employer is guilty of an independent Title VII violation if any allegations of possible harassment are not promptly and thoroughly investigated. During such investigation the employer must decide if the alleged harassment is severe enough to have altered the conditions of employment. Since the Harris decision in 1992, the reasonable person standard decides what conduct is or is not offensive. EEOC guidelines direct an employer to correct offensive action promptly. Unresolved issues are many despite this fleshing out. The litigation shows no signs of letting up.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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Employees who bring disability claims in one forum may be judicially estopped from bringing ADA claims, which entail being able to perform a job, in another
Article Abstract:
Americans with Disabilities Act (ADA) discrimination cases require a showing that plaintiffs could perform a job if given reasonable accommodations, while applications for disability insurance require evidence that the employee is totally disabled and cannot continue working. The courts have decided on a case-by-case basis to what extent an application for disability insurance in one forum disqualifies the applicant from filing an ADA claim. The courts have used devices such as judicial estoppel to keep out evidence from a second proceeding which contradicts that offered in an earlier one. In time the US Supreme Court may devise a more definite framework for such cases.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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